Geetha vs M/S.Pridhvu Asset Reconstruction and Securitization

Type Court Judgment Court Chennai Orders Decided Feb 26, 2025

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Citation: sooperkanoon.com/1731610
Court: Chennai Orders High Court
Judge: Honourable the Chief Justice,Honourable Mr Justice Mohammed Shaffiq
Decided On: Feb 26, 2025
Case Number: WP/4544/2025

Parties & Advocates

Appellant / Petitioner

Geetha

Respondent

M/S.Pridhvu Asset Reconstruction and Securitization

Excerpt

.....constitution of india seeking issuance of a writ of certiorarified mandamus calling for the records in crl.m.p.no.1528 of 2016, dated 12.7.2024, which was further extended byorder dated 3.12.2024, on the file of the 1st respondent herein and quashthe same and direct the chief metropolitan magistrate to issue fresh notice to the petitioners in their capacity as the legal heirs of the original borrower by name late s.v.s.manivannan in respect of the properties morefully described in the schedule to the petition. for petitioners : mr.r.nilesh kumar for respondent : mr.srinath sridevan senior advocate for m/s.vindhya surya tejaorder(order of the court was made by the hon'ble chief justice) petitioners are challenging an order dated 12.7.2024 passed by the chief metropolitan magistrate, egmore, under section 14 of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002.2. on 3.12.2024, time to execute the warrant was extended. thispetition has been filed only on 21.1.2025. certainly, petitioners have an alternative remedy and can approach the debts recovery tribunal. petition is dismissed. there shall be no order as to costs. w.m.p.no.5061 of 2025 filed by petitioners to join together and file a single writ petition is allowed, subject to payment of separate court fee within two weeks. the other interim applications are closed. we make it clear that we have not granted any interim stay. (k.r.shriram, c.j.) (mohammed shaffiq,j.) index : yes/no nc : yes/no sasi to: hyderabad-500 084 the hon'ble chief justice andmohammed shaffiq,j.(sasi)

Full Judgment

IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.02.2025
CORAM :
THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ and W.M.P.Nos.5061, 5062 and 5063 of 2025
1. Geetha
2. Raj Karan SVM
3. Sharan Pandian SVM .. Petitioners Vs
Hyderabad-500 084, rep by power of attorney, N.R.K.Chandulal, S/o.Kanaka Sundara Sharma, R/o 8-3-169/147, 501, Niveditha Enclave Sidhartha Nagar, Hyderabad-500 038. .. Respondent Prayer : Petition under Article 226 of the Constitution of India seeking issuance of a writ of certiorarified mandamus calling for the records in Crl.M.P.No.1528 of 2016, dated 12.7.2024, which was further extended by

order dated 3.12.2024, on the file of the 1st respondent herein and quash

the same and direct the Chief Metropolitan Magistrate to issue fresh notice to the petitioners in their capacity as the legal heirs of the original borrower by name late S.V.S.Manivannan in respect of the properties morefully described in the schedule to the petition. For Petitioners : Mr.R.Nilesh Kumar For Respondent : Mr.Srinath Sridevan Senior Advocate for M/s.Vindhya Surya Teja

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Petitioners are challenging an order dated 12.7.2024 passed by the Chief Metropolitan Magistrate, Egmore, under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

2. On 3.12.2024, time to execute the warrant was extended. This

petition has been filed only on 21.1.2025. Certainly, petitioners have an alternative remedy and can approach the Debts Recovery Tribunal. Petition is dismissed. There shall be no order as to costs. W.M.P.No.5061 of 2025 filed by petitioners to join together and file a single writ petition is allowed, subject to payment of separate court fee within two weeks. The other interim applications are closed. We make it clear that we have not granted any interim stay. (K.R.SHRIRAM, C.J.) (MOHAMMED SHAFFIQ,J.) Index : Yes/No NC : Yes/No sasi To: Hyderabad-500 084 THE HON'BLE CHIEF JUSTICE AND

MOHAMMED SHAFFIQ,J.

(sasi)

Same Court & Year Chennai Orders · 2025 Same Parties Geetha vs M/S.Pridhvu Asset Reconstruction and Securitization Same Judge Honourable the Chief Justice,Honourable Mr Justice Mohammed S...